Agenda Item # 2
Columbus Consolidated Government
Council Meeting
3/9/2010
Agenda Report # 477
TO: Mayor and Council
SUBJECT: Whittlesey Road Widening Project Condemnation
INITIATED BY: Felton G. Grant, Right of Way Acquisition coordinator,
Transportation Planning Division
Recommendation: Approval is requested for the acquisition of Parcel 2D, 1680
Whittlesey Road (map attached) for the Whittlesey Road Widening Project
totaling 0.245 =/- acres for Right of Way, Easement "1" for 0.105 Acres of
Construction and Maintenance of Slope & Utilities and Easement "2" for 0.071
acres=/- of Construction and Maintenance of Slope & Utilities for County Road
and/or Municipal Street purposes, and authorizing the filing of a Declaration
of Taking by the City Attorney or his representatives for the acquisition of
said land under the authority of the official code of Georgia annotated,
Section 32-3-1 et.seq for the Whittlesey Road Widening Project.
Background: The parcel listed above is requested for condemnation because
owner was not in agreement with Appraised Value Offer and would not make a
counter offer and told the City to proceed with condemnation on said parcel.
Analysis: To keep the project on schedule it is necessary to proceed to
condemn and to pay the money into Court, thereby taking position of the
property allowing the City to proceed with the project.
Financial Considerations: This project is funded by the CIP Funds.
Legal Considerations: The City Attorney agrees to this action.
Recommendations/ Actions: Authorizing the City Manager to order the
Acquisition of said lands for County Road and/or Municipal Street purpose, and
authorizing the filing of a Declaration of Taking by the City Attorney or his
representatives for the acquisition of said land under authority of the
official code of Georgia annotated, Section 32-3-1 et-seq.
RESOLUTION
No. ___
A RESOLUTION DECLARING THAT THERE IS A NEED AND NECESSITY TO IMMEDIATELY
ACQUIRE TITLE AND EASEMENTS TO LANDS UNDER THE PROVISION OF THE OFFICIAL CODE
OF GEORGIA ANNOTATED, AUTHORIZING THE MAYOR TO ORDER THE ACQUISITION OF SAID
LANDS FOR COUNTY ROAD AND/OR MUNICIPAL STREET PURPOSES, AND AUTHORIZING THE
FILING OF A DECLARATION OF TAKING BY THE CITY ATTORNEY OR HIS REPRESENTATIVES
FOR THE ACQUISITION OF SAID LANDS UNDER THE AUTHORITY OF THE OFFICIAL CODE OF
GEORGIA ANNOTATED, SECTION 32-3-1, ET. SEQ.
WHEREAS, it is hereby determined that the circumstances in connection
with acquiring right-of-way for the Whittlesey Road Project (STP-8060(2)) are
such that it is necessary to immediately acquire the fee simple titles and/or
easements in the following described property, to-wit:
PROJECT NO.: STP-8060(2) Muscogee County
P. I. NO.: 351010
PARCEL NUMBER: 2D
DATE OF R/W PLANS: April 14, 2006
REVISION DATE: January 29, 2010
All that tract or parcel of land lying and being in Land Lot 64 of the 8th Land
District and/or N/A Georgia Militia District of Muscogee County, Georgia, being
more particularly described. as follows:
Beginning at a point 38.54 feet right of and opposite Station 13+26.47 on the
construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP00-8060-00(002); running thence northeasterly 706.011 feet along the arc of
a curve (said curve having a radius of 668.248 feet and a chord distance of
673.630 feet on a bearing of N 33?27'49.8" E) to the point 36.01 feet right of
and opposite station 20+70.07 on said construction centerline laid out for
WHITTLESEY; thence S 5?30'56.9" E a distance of 15.01 feet to a point 50.00
feet right of and opposite station 20+64.26 on said construction centerline
laid out for WHITTLESEY; thence southwesterly 233.715 feet along the arc of a
curve (said curve having a radius of 666.000 feet and a chord distance of
232.518 feet on a bearing of S 52?53'04.5" W) to the point 50.00 feet right of
and opposite station 18+13.00 on said construction centerline laid out for
WHITTLESEY; thence S 10?25'54.4" W a distance of 24.89 feet to a point 63.00
feet right of and opposite station 17+90.00 on said construction centerline
laid out for WHITTLESEY; thence southwesterly 59.235 feet along the arc of a
curve (said curve having a radius of 653.000 feet and a chord distance of
59.215 feet on a bearing of S 38?23'17.2" W) to the point 63.00 feet right of
and opposite station 17+25.00 on said construction centerline laid out for
WHITTLESEY; thence S 64?14'00.5" W a distance of 26.44 feet to a point 50.00
feet right of and opposite station 17+00.00 on said construction centerline
laid out for WHITTLESEY; thence southwesterly 345.516 feet along the arc of a
curve (said curve having a radius of 666.000 feet and a chord distance of
341.654 feet on a bearing of S 18?55'33.5" W) to the point 50.00 feet right of
and opposite station 13+28.54 on said construction centerline laid out for
WHITTLESEY; thence S 84?22'02.9" W a distance of 11.63 feet back to the point
of beginning. Containing 0.245 acres more or less.
ALSO, to be acquired is the right to construct and maintain any required slopes
within the permanent easement areas shown colored orange on a plat filed in the
Office of the Right of Way Acquisition & Transportation Planning Coordinator of
Columbus, Georgia, and being more particularly described as follows, to-wit:
Easement 1:
Beginning at a point 63 feet right of and opposite Station 13+30.97 on the
construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP00-8060-00(002); running thence S 84?23'04.4" W a distance of 13.18 feet to
a point 50.00 feet right of and opposite station 13+28.54 on said construction
centerline laid out for WHITTLESEY; thence northeasterly 345.516 feet along the
arc of a curve (said curve having a radius of 666.000 feet and a chord distance
of 341.654 feet on a bearing of N 18?55'33.5" E) to the point 50.00 feet right
of and opposite station 17+00.00 on said construction centerline laid out for
WHITTLESEY; thence N 64?14'00.5" E a distance of 26.44 feet to a point 63.00
feet right of and opposite station 17+25.00 on said construction centerline
laid out for WHITTLESEY; thence southwesterly 359.357 feet along the arc of a
curve (said curve having a radius of 653.000 feet and a chord distance of
354.840 feet on a bearing of S 20?01'29.2" W) back to the point of beginning.
Containing 0.105 acres (4578.65 SF) more or less.
Easement 2:
Beginning at a point 63 feet right of and opposite Station 17+90.00 on the
construction centerline of WHITTLESEY RD. on Georgia Highway Project No.
STP00-8060-00(002); running thence N 10?22'42.0" E a distance of 24.85 feet to
a point 50.00 feet right of and opposite station 18+13.00 on said construction
centerline laid out for WHITTLESEY; thence northeasterly 233.715 feet along the
arc of a curve (said curve having a radius of 666.000 feet and a chord distance
of 232.518 feet on a bearing of N 52?53'04.5" E) to the point 50.00 feet right
of and opposite station 20+64.26 on said construction centerline laid out for
WHITTLESEY; thence S 5?32'51.9" E a distance of 13.99 feet to a point 63.00
feet right of and opposite station 20+58.63 on said construction centerline
laid out for WHITTLESEY; thence southwesterly 244.997 feet along the arc of a
curve (said curve having a radius of 653.000 feet and a chord distance of
243.563 feet on a bearing of S 51?44'20.5" W) back to the point of beginning.
Containing 0.071 acres more or less.
ALSO, to be acquired is the right to construct driveways within the temporary
easement area shown colored in pink on a plat filed in the Office of the Right
of Way Acquisition & Transportation Planning Coordinator of Columbus, Georgia.
Said driveway easement expires upon completion and final acceptance of said
project by the Department of Transportation.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
1.
That there is a necessity for the immediate acquisition of said
property and property interests under the provisions of the Official Code of
Georgia Annotated ?32-3-1, et. seq.
2.
That the Mayor of Columbus, Georgia be, and he hereby is, authorized to
issue such orders and file such papers in the courts and enter into such
agreements as he deems necessary for the immediate acquisition of said property
and property interests by condemnation under the provisions of said Act.
3.
That the immediate acquisition of such property and property interests
is for county roads, municipal streets or public highway purposes.
4.
That in accordance with an investigation and report made to Columbus,
Georgia by competent land appraiser, the estimated value of: Parcel 2D is
$190,975.00, as just and adequate compensation to be paid for such
acquisitions, are hereby determined and approved, and such sums are authorized
to be paid into Court for the use of the persons entitled thereto.
5.
That the Mayor, City Manager and City Attorney, or their
representatives, are hereby authorized to take any and all lawful actions that
they may deem needful, necessary, advisable, or proper for the immediate
acquisition of said property and property interests pursuant to and in
accordance with the provisions of the Official Code of Georgia Annotated
?32-3-1, et. seq.
___________________
Introduced at a regular meeting of the Council of Columbus, Georgia,
held on the day of , 2010, and adopted
at said meeting by the affirmative vote of members of said
Council.
Councilor Allen voting
Councilor Anthony voting
Councilor Baker voting
Councilor Barnes voting
Councilor Davis voting
Councilor Henderson voting
Councilor Hunter voting
Councilor McDaniel voting
Councilor Turner Pugh voting
Councilor Woodson voting
___________________________________ _____________________________
Tiny B. Washington, Clerk of Council , Mayor
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